POWANAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (For himself and on behalf of K.T. Thomas, J.) Leave is granted.

(2.) The appellant is the mother of the detenue, Smt. Lakshmi, who was detained by order No. B.D.F.G.I.S. No. 38/98 dated 12th April, 1980, passed by the second respondent, under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (for short, Tamil Nadu Act 14 of 1982). Her challenge to the said order in a petition under Article 226 of the Constitution H.C.P. No. 659 of 1998, before the Division Bench of the High Court of Madras having been unsuccessful, she is before us by special leave against the order of the High Court dated October 5, 1998 dismissing the said petition.

(3.) The detenue was ordered to be detained by the second respondent on the ground that she was a bootlegger within the meaning of the said Act and was indulging in activities prejudicial to the maintenance of public health and public order. He referred to four cases filed under Section 4 of the Tamil Nadu Prohibition Act, 1937 in which she was found guilty and was fined, Rs. 250/- in two cases and Rs. 350/- in two cases. On the day when she was served with the impugned order of detention, she was in judicial remand in connection with a case filed under Sections 4(1)(1) and 4(1-A) of the Tamil Nadu Prohibition Act, 1937 which was filed on the allegation that she was selling liquid in bottles which contained chloral hydrate, 99.2 mg.% weight/volume, which was injurious to the health of the consumers.